Terms & Conditions
Aspire Diamond Tools Company Limited
Trade Terms and Conditions
1. Definitions
----------------------------------------------------------------------------------------------------------------------------
1.1 “Company”
means Aspire Diamond Tools Company Limited at Auckland New Zealand
1.2
“Customer” means the person, or entity buying the goods from the Company
1.3 “Product and/ or Service” mean all goods including
tools, consumables, equipment，parts and services being purchased by the Customer from the
Company.
1.4 “Contract and/or Invoice” means the contract between the Company and
the Customer for the purchase of the goods.
2. Acceptance
-----------------------------------------------------------------------------------------------------------------------------
If any purchase orders or purchasing
instruction is received by the Company from the Customer for the supply of
products and/or services, it shall constitute acceptance of the terms and
conditions contained herein. Upon acceptance of these terms and conditions by
the Customer, the terms and conditions are definitive and binding.
3. Terms and
conditions
------------------------------------------------------------------------------------------------------------------------------
These terms and conditions and any subsequent terms
and conditions issued by the Company shall apply to all purchases or orders for
the goods and the services made by the Customer after the date and time at
which these conditions are first delivered or sent by email or facsimile to, or
otherwise brought to the notice of, any employee, staff member or
representative of the Customer. It shall be the Customer’s responsibility to
ensure that these conditions are promptly brought to the attention of the
appropriate staff of the Customer, and accordingly any purchase or order made
by the Customer after the date and time described above in this clause shall be
deemed to be an acceptance of these terms and conditions.
4. Price
------------------------------------------------------------------------------------------------------------------------------
4.1. The Price shall be as indicated on Contract or
Invoices provided by the Company to the Customer in respect of products and/ or
services supplied.
4.2 Time for payment for the Product and/or Service
shall be of the essence and will be stated on the Contract and/or invoice. If
no time is stated then payment shall be due on delivery of any goods.
4.3 The Company reserves the right to apply a
surcharge for alterations to specifications of products after the order has
been placed
5. Product delivery
---------------------------------------------------------------------------------------------------------------------------
5.1.
The Company shall not be responsible for any loss or damage whatsoever for
failure to or delay in delivery of the product.
5.2 Late delivery of product shall not entitle the
Customer to cancel orders.
5.3 Risk passes to the Customer from the time the
product leave the Company’s premises
6. Payment, Late Payment,
Default of Payment and Consequences of Default of Payment
-----------------------------------------------------------------------------------------------------------------------------
6.1 The method of payment will be made by cash, or by
cheque, or by bank cheque, or by direct credit, or by any other method as
agreed to between the Customer and the Company.
6.2 Subject
to any provision to the contrary in the Contract, payment (being cash unless
otherwise arranged in advance and confirmed in writing Company’s directors or their
appointee) shall be received on or before the 21st of the month
following the date of the Company’s invoice to the Customer, which shall be
issued promptly on or after delivery of the goods.
6.3 Late payment shall incur interest at the rate of
10% per annum calculated on a daily basis. This shall be payable on any monies
outstanding under the Contract and/or Invoice from the date payment was due
until the date payment is received by the Company, but without prejudice to the
Company’s other rights or remedies in respect of the Customer’s default in
failing to make payment on the due date.
6.4 Without prejudice to any other remedies the
Company may have, if at any time the Customer is in breach of any obligation
(including those relating to payment), the Company may suspend or terminate the
supply of Goods to the Customer and any of its other obligations under the
terms and conditions. The Company will not be liable to the Customer for any
loss or damage the Customer suffers because the Company exercised its rights
under this clause.
6.5 The Customer agrees to waive the benefits of the
Privacy Act 1993 for the purpose of recovery of overdue payment.
6.6 Upon termination the Company shall be entitled to
take possession of the Product and for this purpose, the Customer hereby gives
the Company an irrevocable permission to enter any place of the Customer where
the Products are located.
7. Reservation of title
----------------------------------------------------------------------------------------------------------------------------
Ownership and title of the goods remains with The
Company until the purchased price and all other monies owing by the Customer,
under the Contract or Invoice to The Company, have been paid in full.
8. Warranty
----------------------------------------------------------------------------------------------------------------------------
8.1 The Company warrants that it will repair or make
good any defects in the goods, if written notice of the claim is received by
the Company within seven (7) days from the date the goods were delivered.
8.2 No claim shall be accepted under such warranty if
any attempt to repair the defective goods is made by any person not authorized
by the Company, or if the defective goods have been modified or incorrectly
stored, maintained or used. If the Company elects to repair or replace any defective
goods, such work shall be undertaken at such place as the Company may
reasonably specify and the Customer shall be responsible at its cost and risk
for shipment of the defective goods to the place specified.
9. Liability
----------------------------------------------------------------------------------------------------------------------------
The Company
shall not be liable for any loss of any kind whatsoever suffered by the
customer as a result of any breach of any of the Company’s obligations under
contract and/or Invoice, including any cancellation of the contract or any
negligence on the part of the Company, its servants, agents or contractors, nor
shall the Company be liable for any loss, damage or injury caused to the
Customer’s servants, agents, contractors, buyers, visitors, tenants,
trespassers or other persons.
10. Governing Law.
------------------------------------------------------------------------------------------------------------------------------
These Terms of Trade will be interpreted in accordance
with applicable government legislation, which will have exclusive legal
jurisdiction over any dispute in relation to the products and/or services or
these Terms of Trade.
11. Dispute resolution
-----------------------------------------------------------------------------------------------------------------------------------------
The Company will endeavour to resolve any dispute
between the Customer and itself without the need for Court proceedings. Any
such attempt is without legal prejudice.